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Ellenburg v. Warden Sam Law

United States District Court, D. Montana, Great Falls Division
Dec 4, 2009
No. CV-09-13-GF-SEH (D. Mont. Dec. 4, 2009)

Opinion

No. CV-09-13-GF-SEH.

December 4, 2009


ORDER


On June 18, 2009, United States Magistrate Judge Keith Strong entered his Findings and Recommendations in this matter. Plaintiff filed objections on June 29, 2009, and on August 14, 2009. The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.C. § 636(b)(1).

Document No. 17

Document Nos. 18 and 21

Upon de novo review of the record, I find no error in Judge Strong's Findings and Recommendations and adopt them in full.

ORDERED:

1. Plaintiff's Amended Complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted.

Document No. 7

2. All pending motions are DENIED.

Document Nos. 12, 25, 27, 28, 29, 30 and 31

3. The filing of this action counts as a fourth strike under 28 U.S.C. § 1915(g) as the Amended Complaint fails to state a claim upon which relief may be granted.

4. Any appeal from this disposition will not be taken in good faith as the claims asserted in the Amended Complaint are frivolous. Fed.R.App.P. 24(a)(3)(A).

5. The Clerk is directed to enter judgment accordingly.


Summaries of

Ellenburg v. Warden Sam Law

United States District Court, D. Montana, Great Falls Division
Dec 4, 2009
No. CV-09-13-GF-SEH (D. Mont. Dec. 4, 2009)
Case details for

Ellenburg v. Warden Sam Law

Case Details

Full title:MICHAEL ELLENBURG, Plaintiff, v. WARDEN SAM LAW, et al., Defendants

Court:United States District Court, D. Montana, Great Falls Division

Date published: Dec 4, 2009

Citations

No. CV-09-13-GF-SEH (D. Mont. Dec. 4, 2009)